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Telephone Hearing at short notice, UKCPM Gladstones

Hi all,
I would really appreciate your help, I received notice late yesterday afternoon that my court case will now be heard remotely on Thursday morning. Having read the telephone hearing thread I have noticed that the "witness" is once again Jack Chapman of UKCPM. I had already hand delivered my pack to the court some time ago, and had since pointed out to the court that Gladstones had on two occasions submitted their evidence late by up to 14 days, (How can they get away with this?) I had asked the court to strike the case out for that and other reasons such as the official claim form having the same date repeated three times.
(By the way this is my husbands car, I was not driving but it was still registered to me). I cannot believe this is actually going ahead, but I assume its the fact that there were 4 tickets at £60 (No notices were received until it was far too late) and the total amount they are claiming is £827.19 (Abuse of process?) It says that the court I'm attending is open to staff so do I need to send a bundle? Under delivering documents it says that the claimant should deliver the bundle, it doesn't mention the defendant, Or shall I just send the draft order?
 Also, Gladstones called me after lockdown (For the first time!) asking for money, offering a settlement of £700, can't believe these vultures, not concerned about peoples health, (Mental or otherwise), employment status or what they might be facing in these frightening times, just trying to cash in!
A clear list of documents I need to submit would be really helpful, and if anyone has the time to help me fill in the blanks that would be amazing as I'm so short on time.
Many Thanks in advance
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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Why querying abuse of process? OF course it i. £240 of tickets cannot get to £800 plus without unlawful additions. 
    Assuming your order - which we havent seen - is the same as all others it says
    - the C and D have to cooperate to produce an agreed bundle of documents
    - the C sends this bundle to the court in an agreed format. 
    Obviously what you do, as getting agreement in under 3 days is unlikely, just send to the C your ENTIRE BUNDLE that you hand delivered and served on the already, making it clear that you expect the entire contents to be submitted. 
    If you only received 3 days notice and you truly cannot comply, you need to let the court know. But the bare minimum is possible - which is sending the C your bundle and ensuring they incude it to the court. 
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gladstones called me after lockdown (For the first time!) asking for money, offering a settlement of £700,

    Have you complained to the SRA?  Have you read up on unreasonable behaviour costs?  
    You never know how far you can go until you go too far.
  • How stressful - I detest Gladstones.  If you do not have time to read up on unreasonable behaviour costs, and you win the case you can consider a claim afterwards via moneyclaimonline (for as little as £25)
  • Gymbunnie
    Gymbunnie Posts: 19 Forumite
    10 Posts

    No mention of D in order?? Thanks btw, you are so helpful,

    Delivering Documents

    (the Judge may not have access to the Court file)
    12. The Claimant shall no later than 4pm on the day before the hearing deliver to the Court and to each party electronically a bundle in PDF format, which must include:
    (a) a case summary and chronology;
    (b) the parties’ position statements;
    (c) the previous orders that are relevant to the remote hearing;
    (d) the application relevant to the remote hearing;
    (d) all essential documents that the court requires to determine the issues that fall for determination at the remote hearing;
    (e) a draft order.

    13. Documents delivered to the Court electronically shall be delivered to one of the following address, recording the case number in the subject heading of the email:
    Family cases: WatfordCountyFamily@justice.gov.uk
    Civil cases: enquiries.watford.countycourt@justice.gov.uk

    14. No document other than a document specified in an Order or filed in accordance with the Rules of any Practice Direction shall be delivered to the Court without the Court’s permission.

    Variation of Orders
    15. This Order having been made without the parties attending, any party may apply no later than 7 days after the date of service of this Order to set aside or vary the terms of the Order.

    Note on Remote hearing providers: The telecommunications service provider used to facilitate a telephone hearing should be an approved service provider. In civil proceedings, pursuant to para 6.10(1) of Practice Direction 23A, the following providers have demonstrated the capability to facilitate hearings:

    What about the points on late delivery of defence, duplicated dates on claim form, witness statement etc?

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Gymbunny - the D does not have to be named for their obligation to be given.

    12 b, d, and e all require cooperation between D and C - this should be obvious, no? 
    - they cannot possibly have delivered a defence late, as a C never ever produces a defence. Obviously, if they did serve documents that were Ordered late, in breach of the Order, that goes in your witness statement. I presume your defence pointed out that they were claiming for 3 tickets on the same day, no? And pointed out they should not be able to re-plead their claim? We dont know, because we havent seen *anything* from you. 
  • Gymbunnie
    Gymbunnie Posts: 19 Forumite
    10 Posts
    Sorry if I seem stupid, I am really struggling to comprehend all of this. When the hearing was allocated to the small claims track a date for each party to deliver to the other party and the court all documents on which they intended to rely of 21st feb by 4pm. It was emailed to me at 15.55 on the 24th. They were also instructed to on the general form of judgment order to file a reply to my defence by the 19th Nov 2019, this was then amended to the 27th November, the reply was signed and dated the 10th of December. I did mention this in a letter I wrote to the judge. Can I amend my statement or add to it? 

  • Gymbunnie
    Gymbunnie Posts: 19 Forumite
    10 Posts
    D_P_Dance said:
    Gladstones called me after lockdown (For the first time!) asking for money, offering a settlement of £700,

    Have you complained to the SRA?  Have you read up on unreasonable behaviour costs?  
    I know, these people are unbelievable! only thread I could find was 20 pages long, could you recommend one please?  
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You're not being stupid!
    You just need to use the *precise* terms because this is a text only forum. 
    Surely you include, in your witness statement, the fact - as it is a fact - that the claimant has broken the Orders of.... and heres the proof (exhibits) ? Did you do that? 
    Look, see this from our side
    - we have no history of this claim. 
    - youve jumped in at the final hour
    - we havent seen any document - defence, witness statement, or even what occurred here to give rise to a PCN in the first place - so were flying blind.

  • OP - I would add a covering email to the Judge saying everything you have - and more, in clear bullet points. You are not a city lawyer (presumably) but a lay person with no experience of the system.  Offer apologies to the Judge if this is not the correct process but you felt it so important that these matters should be bought to his/her attention.   The Judge (in my experience) will read the additional documents.  

    I too am wondering how the PCNs came about.  
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 April 2020 at 12:25PM
    I know, these people are unbelievable! only thread I could find was 20 pages long, could you recommend one please?  

    For what purpose?  Why do you need a crib to complain to the SRA?
    You never know how far you can go until you go too far.
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